Livingston Municipal Code Ch. 14 Subdivision Prohibition and Penalties

(A) No person shall offer to sell or lease, to contract to sell or lease, to sell or lease, or to finance any parcel or parcels of real property or to commence construction of any building for sale, lease or financing thereon, except model homes, or to allow occupancy thereof, for which a final map is required by this title, until such map thereof, in full compliance with the provisions of said sections, has been filed for record by the Recorder of Merced County.

(B) No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except model homes or allow occupancy thereof, for which a parcel map is required by this title until such map thereof, in full compliance with the provisions of said sections, has been filed for record by the Recorder of Merced County.

(C) Conveyances of any part of a subdivision of real property for which a final or parcel map is required by this title shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record by the Recorder of Merced County.

(D) This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

(Ord. 295, passed 2-4-1986)

(A) Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of this title is voidable at the sole option of the grantee, buyer or person contracting to purchase, his or her heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the provisions of said sections, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his or her assignee, heir or devisee.

(B) Any grantee, or his or her successor in interest of real property which has been divided, or which has resulted from a division, in violation of the provisions of the title, may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he or she has suffered by reason of such division of property. The action may be brought against any successors in interest who have actual or constructive knowledge of such division of property.

(C) The provisions of this section shall not apply to the conveyance of real property identified in a certificate of compliance, filed pursuant to Subdivision Map Act, Cal. Gov’t Code § 66499.35 or identified in a recorded final map or parcel map, from and after the date of recording. The provisions of this section shall not limit or affect in any way the rights of a grantee or his or her successor in interest under any other provision of law.

(Ord. 295, passed 2-4-1986)

(A) Nothing herein contained shall bar any legal, equitable, or summary remedy to which the city or other political subdivision, or any person may otherwise be entitled.

(B) The city or other political subdivision or person may file suit in the superior court of Merced County to restrain or enjoin any attempted or proposed subdivision or sale in violation of the Subdivision Map Act or this title.

(Ord. 295, passed 2-4-1986)

Subject to the authority and requirements of Subdivision Map Act, Cal. Gov’t Code § 66499.34, the city shall refuse to grant building and other permits in relation to the property involved until such time as all of the requirements of this title have been complied with.

(Ord. 295, passed 2-4-1986)

Whenever the city has knowledge that real property has been subdivided in violation of this title or the Subdivision Map Act, it shall cause to be filed a notice of violation pursuant to Subdivision Map Act, Cal. Gov’t Code § 66499.36.

(Ord. 295, passed 2-4-1986)

Any offer to sell, contract to sell, sale, or deed of conveyance made contrary to the provisions of this title is a misdemeanor, and any person, upon conviction thereof, shall be punishable by a fine of not less than $25 and not more than $500 or imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

(Ord. 295, passed 2-4-1986)